RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02132
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Separation Designation Number (SDN) be changed from 277
(Physical Disability, not entitled to severance pay) to 273
(Physical Disability, entitled to severance pay).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was perfectly healthy prior to entering the Air Force and
injured his right ankle in his 7th week of basic training. He
was advised that if he was treated at that time that he would be
held back and would not be able to finish with his unit. He was
treated and suffered through the last week. Fortunately, his
next training was in the classroom so he was able to stay off
his ankle; however, as soon as he started guard duty and was
required to walk 8 hours his ankle began swelling and hurting.
He never stated that he had injured his ankle because he never
had and was unaware that his records reflected that he had
injured his ankle six years prior to entering the Air Force
until he requested a copy of his records.
In support of his appeal, the applicant provides letters of
support from his sister, a friend, and his coach and additional
documents from his master personnel record (MPR).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged under the provisions of
AFM 35-4, on 23 Feb 71, for physical disability, not entitled to
receive disability severance pay, and a corresponding SDN of
277. He was credited with 7 months and 10 days of active duty
service.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, stating, in part, the preponderance
of evidence reflects that no error or injustice occurred during
the disability process or at time of separation. The veterans
request to amend or change his DD Form 214 would be in violation
of Air Force Instructions and is not authorized.
The complete AFPC/DPSD evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. In his
discussion of the application, he notes that there is no medical
evidence of an injury during basic military training (BMT),
other than the applicants self-report of this occurrence on
this application. The medical progress note, dated 2 Nov 70,
indicates that the applicant reported that he broke [his] right
ankle six years ago. There is no evidence to show this to be
an errant statement of contents not uttered by the applicant.
An x-ray analysis of the ankle entered 7 Dec 70 showed some
bony overgrowth of the medial malleolus. Where there has been
a significant past injury to a joint, e.g., fracture, the
healing process often manifests as an overgrowth of bone,
referred to as an osteophyte, at the fracture site or
articulation point. While it is clinically possible that a
fracture sustained during BMT in Jul/Aug 70 could conceivably
manifest healing with osteophyte formation 16 weeks later, it is
unlikely that such an acute injury would have resolved with an
ace bandage, without the need for acute care, such as splinting,
partial or no weight-bearing with use of crutches for at least a
brief period. Thus, taken collectively the x-ray findings, the
applicants self-report of an injury 6 years ago,
notwithstanding the letter of support from his sister and high
school athletic coach, the Medical Consultant opines, based upon
a preponderance of evidence, the applicant has not met his
burden of proof of an error or injustice that warrants the
desired change of the record.
The complete BCMR Medical Consultant evaluation, with
attachment, is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 2 Feb 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission, including the letters of
support submitted in his behalf, in judging the merits of the
case. However, we agree with the opinions and recommendations
of the Air Force office of primary responsibility and the BCMR
Medical Consultant and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02132 in Executive Session on 3 March 2011, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs .
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 16 Sep 10.
Exhibit D. Letter, BCMR Medical Consultant,
dated 31 Jan 11, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 2 Feb 11.
Panel Chair
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